Draft LPS4 and Local Planning Policies Review

What is a local planning scheme?

A local planning scheme sets out the zoning of land, permissible land uses, the scale of development and other important information relating to subdivision and development across the City. It forms the basis for all planning decisions made by the City. 

Why does the City need a new Local Planning Scheme?

All local governments are required to regularly update their local planning schemes to reflect their community’s changing demographics and needs. 

Since approval of the City’s current Local Planning Scheme No. 3 in 2010, planning legislation and practices have undergone significant change. 

By preparing a new Local Planning Scheme the City is ensuring our planning rules are up-to-date with current legislative requirements and are clearer and easier to use. 

Why is the City removing local development plans (LPDs)?

Due to changes to WA's planning system in recent years, the outcomes that local development plans sought to achieve can now be achieved through a simplified planning framework. There are dozens of local development plans across the City. To simplify the planning framework for the community, most of these will be removed.

Who prepares and approves the Local Planning Scheme?

A new Local Planning Scheme is prepared by the City. Council gives permission to advertise the draft Scheme and endorses a final Scheme after advertising, however, the Minister for Planning gives final approval of the Scheme. 

Throughout the preparation of the draft Scheme, the City has worked closely with the Department of Planning, Lands and Heritage to maximise consistency with planning regulations and strategic policies of the State Government. 

Has the document changed since it was originally considered by Council?

Yes. In adhering to the proper, legislated process of Scheme development, it is normal, acceptable and expected that the document will change following review by State departments. 

The Environmental Protection Authority (EPA) provided its approval in January 2024 and the WAPC consented in August 2024, subject to mandatory changes that the City was obligated to make before receiving final approval to advertise in September 2024. 

What are the key changes in the proposed new scheme?

The changes proposed in draft LPS4 are summarised below: 

• Align draft LPS4 with the state Planning Regulations by removing the Parts already covered under this legislation
• Align the local reserves of draft LPS4 to be consistent with current state provisions
• Provide greater clarity and consistency about how land can be used by reducing the number of zones across the City using land use terms consistent with the current state standards and introducing new land uses
• Protect the City’s existing lower density neighbourhoods by continuing to focus growth in Activity Centres and along Urban Corridors
• Provide clearer guidance about the likely density, built form and scale of new buildings
• Introduce new specialised residential land uses to cater for the emerging need for the accommodation of aged and dependent persons
• Remove layers and complexity and ensure development standards are easy to find
• Remove the current restrictions on apartment developments in low density neighbourhoods
• In some areas, remove the restriction on the allowable number of apartments in certain R40 areas. 

What are the Deemed Provision?

The Planning and Development (Local Planning Scheme) Regulations 2015 include ‘Schedule 2 - deemed provisions for local planning schemes’. Under state legislation, the deemed provisions automatically apply to all Planning Schemes throughout the state, including the new LPS4. Local governments can’t alter or amend deemed provisions. 

How can I find out whether the proposed changes affect my property?

Use the mapping tool on this page to see what changes are proposed, if any, to your property. We've also prepared area-specific fact sheets to provide further information about the proposed changes. When you search or click on an address, follow the hyperlink in the side bar to find the relevant fact sheet.

You can also explore other areas in the City of Stirling that may interest you or view potential zoning changes.

Why are changes being proposed?

The preparation of LPS4 necessitated alignment with the State Government ‘Planning Reform’ agenda to simplify and streamline the State’s land use planning system. As the City’s current LPS3 was prepared prior to the Regulations, a number of changes to how the City manages heritage in the planning scheme are necessary.

As LPS4 cannot contain ‘heritage’ provisions currently contained in LPS3 to manage the City’s heritage, the relevant LPPs for character retention in Mount Lawley, Inglewood and Menora need to be updated to ensure adequate heritage protections remain in place in the City’s local planning framework.

Additionally, the Department of Planning, Lands & Heritage, on behalf of the Western Australian Planning Commission (WAPC), has issued draft Guidelines for the preparation of local planning policies. This includes a model format for all LPPs in the State. Accordingly, the City’s two heritage LPPs have been reformatted to make them consistent with the State’s model format.

Why are fencing controls being changed?

It has become evident that existing fencing provisions in the current LPPs lack precision, particularly in relation to contemporary infill fencing such as ‘blades’ or horizontal slats which are considered unsuitable.

As a result, greater clarity is recommended in relation to the City’s fencing requirements in Heritage Areas. The intent of existing provisions is to ensure that new fencing is compatible with dwellings and reflects a traditional design consistent with the heritage character of an area.

To address this, an additional provision is recommended for both LPPs requiring new fencing to be of a traditional style incorporating capped piers and infill panels containing traditional detailing. Additionally, it is recommended the LPPs explicitly state that horizontal or blade infill panels are not permitted.

Why are controls for roller shutter being introduced?

In recent times there has been an increase in the use of roller shutters on dwellings in the Heritage Areas. These are not a traditional building component and detract from integrity of traditional dwellings. To provide clarity, it is recommended the within LPP’s be revised to state the roller shutters are not permitted where visible from the street.

Why area exemptions from requiring development approval being introduced?

All development requires development approval unless expressly exempted. Development exemptions are currently contained in the following documents:

• Planning and Development (Local Planning Schemes) Regulations 2015
• LPS3 (no exemptions within LPS4)
• Local Planning Policy 6.15 Exemption from Requiring Development Approval.

There are limited exemptions from requiring development approval in Heritage Areas; and the current provisions in LPS3 will not apply when LPS4 is gazetted. It is therefore necessary to include existing LPS3 exemptions from requiring development approvals in the Heritage policies to ensure that the relevant heritage protections remain in place.

Additionally, the limited existing exemptions mean that the City routinely requires development applications for minor development works which do not require approval in other parts of the City and which are unlikely to impact on the character of the Heritage Areas. As a result, relevant development approvals usually issued by the City have been analysed to identify which forms of development are appropriate to exempt in the Heritage Areas. As a result, the following types of development are recommended to be exempted (subject to conditions):

• Fencing that complies with the R-Codes and requirements of relevant Heritage LPP
• Modifications or new windows to a building which do not visually impact on the streetscape character of the area
• Reroofing of a building with the same material and colour
• Construction of a patio of less than 20m2
• Demolition of outbuildings.

These exemptions are recommended to simplify the City’s local planning framework and to ensure the City’s policies remain contemporary and fit for purpose, and to align with the City’s values of innovation and responsiveness.

What other changes are being introduced?

A number of other more general changes are recommended for inclusion in the amended LPPs, including but not limited to:

• Minor textual changes to better reflect intent of the policies
• Clarifying requirements for open style garage doors for carports
• Clarifying where design flexibility is permissible for development at the rear of a lot
• Improved textual clarity regarding development in the mid ground area in the Inglewood Heritage Area
• Permitting use of PVC for fencing infill and windows in the Inglewood Heritage Area
• Clarifying bricks facing street are to be single course
• Clarifying lot configuration requirements (not side by side) where demolition has been approved.

What are the next steps?

Once advertising of the proposed changes to the LPPs has concluded, officers will consider all submissions received and will present a report to Council on the outcomes of advertising, including submissions received and officers responses to these, and any recommended changes to the LPPs.

The City cannot comment on whether changes proposed in draft LPS4 and LPPs will affect property values. It is recommended you get in touch with a licensed property valuer and/or private planning consultant to provide professional advice on these matters. 

Once advertising of the proposed changes to the LPPs has concluded, officers will consider all submissions received and will present a report to Council on the outcomes of advertising, including submissions received and officers responses to these, and any recommended changes to the LPPs.

Matters that cannot be considered valid planning reasons for objecting to a proposal include:

• Perceived loss of property value
• Private disputes between neighbours including access and egress and easements
• Impact of construction work
• Trade competition concerns (in most circumstances)
• Matters that is controlled under other legislation.